Terms Used In Idaho Code > Title 37 > Chapter 6 - Dairy Environmental Control Act

• Agricultural stormwater discharge: means a precipitation-related discharge of dairy byproducts from land areas under the control of a dairy farm where the dairy byproducts have been land applied in accordance with an approved nutrient management plan. See Idaho Code 37-604
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Best management practice: means a practice, technique or measure that is determined to be a reasonable precaution, a cost-effective and practicable means of preventing or reducing the discharge of pollutants from a point source or a nonpoint source to a level compatible with environmental goals, including water quality goals and standards. See Idaho Code 37-604
• Certified planner: means a person who has completed nutrient management certification in accordance with the nutrient management standard and is approved by the department. See Idaho Code 37-604
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Dairy environmental management plan: means a plan for managing a dairy environmental management system. See Idaho Code 37-604
• Dairy environmental management system: means the areas and structures within a dairy farm where dairy byproducts are collected, stored, treated or applied to land. See Idaho Code 37-604
• Dairy farm: means land owned or operated by a department-permitted grade A or manufacture grade facility where one (1) or more milking cows, sheep or goats are kept, and from which all or a portion of the milk produced thereon is delivered, sold or offered for sale for human consumption. See Idaho Code 37-604
• Dairy nutrient management plan: means a plan prepared in conformance with the nutrient management standard for managing the land application of dairy byproducts that is prepared by a certified planner and approved by the department. See Idaho Code 37-604
• Dairy storage and containment facilities: means the areas and structures within a dairy farm where dairy byproducts are collected, stored or treated in conformance with engineering standards and specifications published by the United States department of agriculture natural resources conservation service or by the American society of agricultural and biological engineers (ASABE), or other equally protective criteria approved by the director. See Idaho Code 37-604
• Department: means the Idaho department of agriculture. See Idaho Code 37-604
• Director: means the director of the Idaho department of agriculture or his designee. See Idaho Code 37-604
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Land application: means spreading on, or incorporating into the soil mantle, dairy byproducts as a soil amendment for agricultural use of nutrients and for other beneficial purposes. See Idaho Code 37-604
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Noncompliance: means a practice or condition that does not meet the requirements of a dairy environmental management plan. See Idaho Code 37-604
• Nutrient management standard: means criteria for managing the land application of nutrients and soil amendments published in the United States department of agriculture, natural resources conservation service, conservation practice standard, nutrient management code 590, or other equally protective criteria approved by the director. See Idaho Code 37-604
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, association, partnership, firm, joint stock company, joint venture, trust, estate, political subdivision, public or private corporation, state or federal governmental department, agency or instrumentality, or any legal entity that is recognized by law as the subject of rights and duties. See Idaho Code 37-604
• Process water: means water directly or indirectly used or produced in dairy animal rearing, milk production and environmental management processes including, but not limited to: excess milk; spillage or overflow from watering, washing, spraying or cooling dairy animals; water containing dairy manure; water used in washing, cleaning, or flushing barns, manure pits and other areas involved in the milk production and environmental management processes; water used for dust control; and water that comes into contact with any raw materials, products, or byproducts of the dairy production and environmental management processes. See Idaho Code 37-604
• Property: includes both real and personal property. See Idaho Code 73-114
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
• Unauthorized discharge: means a discharge of pollutants from a dairy farm to waters of the United States as defined in the federal clean water act that is required to be but is not authorized by an NPDES permit. See Idaho Code 37-604
• Unauthorized release: means a release of dairy byproducts to ground water or surface waters of the state that are not waters of the United States or beyond land owned or operated by the dairy farm that results from a dairy farm’s failure to comply with its environmental management plan. See Idaho Code 37-604
• Upset condition: means precipitation, earthquake, vandalism or other occurrence beyond the control of the dairy farm owner or operator that exceeds criteria for storage and containment facilities and nutrient management in an approved environmental management plan. See Idaho Code 37-604